Smoking in commercial vehicles

[hot metal]

I thought this was now illegal,but i`ve seen loads of drivers puffing away in lorries and vans.Dont get me wrong it doesn`t bother me but is this going to be one of those silly laws that gets forgotten about like eating mince pies on Christmas Day
Anyone know of this law ever being enforced?

[2 sMoKiN bArReLs]

hot metal said:

I thought this was now illegal,but i`ve seen loads of drivers puffing away in lorries and vans.Dont get me wrong it doesn`t bother me but is this going to be one of those silly laws that gets forgotten about like eating mince pies on Christmas Day
Anyone know of this law ever being enforced?

Not many police about on Christmas Day.

[Nickyboy]

See it all the time, i do wonder why they bother bringing in laws like this when there is no way of policing it.

[hot metal]

2 sMoKiN bArReLs said:

hot metal said:

I thought this was now illegal,but i`ve seen loads of drivers puffing away in lorries and vans.Dont get me wrong it doesn`t bother me but is this going to be one of those silly laws that gets forgotten about like eating mince pies on Christmas Day
Anyone know of this law ever being enforced?

Not many police about on Christmas Day.

HO HO

[tybo]

hot metal said:

is this going to be one of those silly laws that gets forgotten about like eating mince pies on Christmas Day

Hope so

[fridaypassion]

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it. TBH if I was a smoker I would be puffing away hapily in my van as long as I was alone.

[Itsonlyagame]

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it isn't illegal but it is what happens. If a car is provided to an employee for work purposes, and is solely for that employee?s own use, and the employee does not transport others it would not be covered by the legislation. But if the employee uses the vehicle to transport clients or colleagues, even if only occasionally, then the vehicle will have to be smoke-free as it will be considered a work vehicle. Most fleet managers therefore
use this "even if only occasionally" aspect to ban smoking in all company vehicles regardless. Ultimately the car belongs to the fleet and they can argue that they may, at some stage require it's use for other personnel, therefore you cannot smoke in it.

Consequently, in the majority of cases company cars and vans will need to display the appropriate signage. Tough on the smoking drivers I know but it's what tends to happen.

Edited by Itsonlyagame on Thursday 22 January 21:32

[texasjohn]

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

Its also legal in a convertible company car if the roof is down.

[Snake the Sniper]

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

[Itsonlyagame]

texasjohn said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

Its also legal in a convertible company car if the roof is down.

OMG tell me that's not true!!

[2 sMoKiN bArReLs]

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

[Snake the Sniper]

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

That's how it works with my works van. I'm it's only driver. However, as there is the tiniest chance I might one day have a passenger, I am not allowed to smoke in it.

Oh, it is true about convertibles. Since they have no roof, they can not be an enclose space and as such the non smoking rules don;t count.

[Itsonlyagame]

Snake the Sniper said:

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

That's how it works with my works van. I'm it's only driver. However, as there is the tiniest chance I might one day have a passenger, I am not allowed to smoke in it.

Oh, it is true about convertibles. Since they have no roof, they can not be an enclose space and as such the non smoking rules don;t count.

Presumably this only applies when the roof is down?

[Snake the Sniper]

Itsonlyagame said:

Snake the Sniper said:

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

That's how it works with my works van. I'm it's only driver. However, as there is the tiniest chance I might one day have a passenger, I am not allowed to smoke in it.

Oh, it is true about convertibles. Since they have no roof, they can not be an enclose space and as such the non smoking rules don;t count.

Presumably this only applies when the roof is down?

Yup, which makes it even more stupid.

Edited by Snake the Sniper on Thursday 22 January 21:45

[The Stuntman *]

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

Not strictly true.

One person may smoke if on his own between 12.00 and 14.00hrs, the designated lunch hours in the UK. This rule is only applicable on Mondays, Tuesdays and Thursdays. Friday sees an extension of one hour to 15.00hrs and Wednesday sees a shorter smoking time of 12.00 to 13.00hrs to balance the working week up. Weekends are free to smoke providing any overtime is carried out before 10am on a Saturday OR Sunday. The government has recently introduced a 'smoke-at-will' scheme for workers using their van to travel more than 80 miles in any one day, providing that any diesel purchased in the 3 days prior has been bought at 100p or more. Silk Cut smokers are immune to all rules as long as they make their own butties but Lambert and Butler users can only smoke if they have spent more than £5.60 at McDonalds AND thrown their rubbish onto a grass verge within the previous fortnight.

[2 sMoKiN bArReLs]

The Stuntman * said:

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

Not strictly true.

One person may smoke if on his own between 12.00 and 14.00hrs, the designated lunch hours in the UK. This rule is only applicable on Mondays, Tuesdays and Thursdays. Friday sees an extension of one hour to 15.00hrs and Wednesday sees a shorter smoking time of 12.00 to 13.00hrs to balance the working week up. Weekends are free to smoke providing any overtime is carried out before 10am on a Saturday OR Sunday. The government has recently introduced a 'smoke-at-will' scheme for workers using their van to travel more than 80 miles in any one day, providing that any diesel purchased in the 3 days prior has been bought at 100p or more. Silk Cut smokers are immune to all rules as long as they make their own butties but Lambert and Butler users can only smoke if they have spent more than £5.60 at McDonalds AND thrown their rubbish onto a grass verge within the previous fortnight.

...you forgot the dancing unicorn clause

[The Stuntman *]

2 sMoKiN bArReLs said:

...you forgot the dancing unicorn clause

You'll find that was abolished in June '08.

[2 sMoKiN bArReLs]

The Stuntman * said:

2 sMoKiN bArReLs said:

...you forgot the dancing unicorn clause

You'll find that was abolished in June '08.

Oh yeah, something to do with using the horn outside hospitals and after dusk

[Ganglandboss]

2 sMoKiN bArReLs said:

Snake the Sniper said:

Itsonlyagame said:

fridaypassion said:

It's not illegal to smoke in a company vehicle as long as nobody other than the driver has access to it.

I think you'll find it is.

It counts as an enclosed work space, and as such it's illegal. You may argue that, if you're a plumber for example, it's not a work place but a way of getting from one workplace to another. That's what makes it tricky.

I reckon Friday passion is right. If the vehicle is designated to, and used by, 1 person they may smoke.

The simplest way to settle this is to read what the act says: -


Enclosed vehicles
11.—(1) Subject to the following paragraphs of this regulation, an enclosed vehicle and any enclosed part of a vehicle is smoke-free if it is used—

(a) by members of the public or a section of the public (whether or not for reward or hire); or
(b) in the course of paid or voluntary work by more than one person (even if those persons use the vehicle at different times, or only intermittently).

http://www.opsi.gov.uk/si/si2007/uksi_20070765_en_...

Fridaypassion is correct.

[grumpyscot]

The Scottish version of the Act makes it illegal to smoke in any van / truck / bus / taxi / minicab no matter how many people are in it